It’s the most important employment law decision of 2018

The Employer Handbook

But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Minarsky went through hell for several years working for her employer. She claims that Yadlosky knew that her young daughter was ill and thus knew Minarsky depended on her employment to pay medical bills. The employer had a sexual harassment policy.

It’s the most important employment law decision of 2018

The Employer Handbook

But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Minarsky went through hell for several years working for her employer. She claims that Yadlosky knew that her young daughter was ill and thus knew Minarsky depended on her employment to pay medical bills. The employer had a sexual harassment policy.

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Webinar: 2018 Employment Law Review

Paycor

Join us as we examine 2018 law cases and other developments regarding a variety of employment law issues, discrimination as well as wage and hour disputes

Mandatory Flu Shots: Can You Make Employees Roll Up Their Sleeves?

HR Daily Advisor

Many employers believe that employees should be inoculated to keep the workforce healthy and the office fully staffed during flu season. Before you issue such a mandate, however, a simple question needs to be answered: Can employers lawfully require all employees to be vaccinated against the flu? Although the question is simple, the answer most certainly isn’t, even for employers in the healthcare industry. Employment Law flu shots

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

The Employer Handbook

By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employment law decision of 2018. If you missed my post, well, it was long. But, none should be happier than my friend, Dave Koller of Koller Law, LLC , who represents Ms. Minarsky’s employer conceded these elements for summary judgment. It seemed like his reputation preceded him, yet he remained employed until word of Ms.

Future Of Work 2018: 10 Predictions You Can’t Ignore

SuccessFactors

Consequently, the basic challenges of HCM are constant: getting the right people in the right roles and providing them with the right work environments while complying with employment laws. The following are my “top ten” predictions about how these will change in 2018. This concept is changing due to shifting skill shortages, global labor pools, and a massive rise in virtual work and contract employment. The rise of well-being tech.

Employment Laws Every Growing Organization Should Know About

ScaleHRO

Along with adding employees—which may change the feel of your culture as well as your floorplan—your organization may become subject to federal and state laws that take effect once you have a certain number of employees. Most employment laws apply to organizations based on the number of people they employ, so as you grow, it’s vital to keep up-to-speed on any laws that newly apply or will soon apply to your organization.

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

The Employer Handbook

By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employment law decision of 2018. If you missed my post, well, it was long. But, none should be happier than my friend, Dave Koller of Koller Law, LLC , who represents Ms. Minarsky’s employer conceded these elements for summary judgment. It seemed like his reputation preceded him, yet he remained employed until word of Ms.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. Note that the laws vary and may or may not apply to your business.

Trends in State Employment Law

Affinity HR Group

Many state and local legislatures are taking action in several areas of employment law due to the confusion, sluggishness, and/or inaction on the federal level. Some laws passed are part of long-evolving trends such as restricting inquiries into criminal and pay history, while others are responses to new social movements such as #MeToo. The following is a list of the prevailing laws that are popular. Note that the laws vary and may or may not apply to your business.

Employment Law Bills Signed This Week

HRWatchdog

Governor Brown has more employment-related legislation to decide on before the October 15 deadline. We have been waiting to see which employment-related bills from this year’s legislative session Governor Edmund G. This week, he signed a few employment-related bills. This bill also reduces the burden of proof for the employee making a claim and expands the Labor Commissioner’s authority to investigate an employer for retaliation, even without a complaint from an employee.

3 Strategic Foci for HR in 2018

HR Daily Advisor

In 2018, however, I see three areas loaded with risk for Arizona employers. For a decade, Arizona law has required employers to use the federal E-Verify program for new hires. USCIS issued an alert warning that employers are not required and will never be asked to submit I-9 forms to the agency by e-mail. As you put in place your strategies for 2018, I recommend you at least consider focusing on these three areas.

Hot Topics in Employment Law

Paycor

For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. At-Will Employment. According to The National Conference of State Legislatures, at-will employment means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without suffering legal liability. Age Discrimination in Employment Act (ADEA).

NLRB Takes Next Step Toward Employer-Friendly Rule on Joint Employment

HR Daily Advisor

The National Labor Relations Board (NLRB) is on track to settle once and for all the question of what constitutes joint employment, and the standard being pursued is seen as a win for employers that use a franchise business model as well as those using temporary staffing agencies. The Board made the announcement on September 13 and published a Notice of Proposed Rulemaking (NPRM) on joint employment in the September 14 Federal Register.

Some Employment Law and Workplace-Related Thoughts Regarding Boots Riley’s Sorry to Bother You

HR Daily Advisor

He begins to excel at his job, eventually working his way up to becoming a top seller who handles lucrative sales calls for his employer, Regal View Telemarketing. Employees who code-switch may perform well in their jobs. Implicit bias training provided by counsel or experts in that field may be a worthwhile endeavor for a company seeking to improve workplace morale and culture, as well as employee performance. Private Contracting Around Employment Laws.

Understanding the importance of keeping a cool head in employment decisions

HR Management

Employers can become frustrated from time to time. Ms Maxutova brought an adverse action claim to the Fair Work Commission, arguing that: her employer had in fact dismissed her for taking five consecutive days of personal leave due to illness; and. her employer had dismissed her due to her making complaints about the behaviour of another director, as well as her workload. Was her employment terminated due to her making complaints?

New California Employment Laws Expand Harassment Rules, Require Women On Boards

TLNT: The Business of HR

Below is our full, final roundup of new laws that employers must comply with and the bills that fell to the Governor’s veto pen. Even though the Governor’s veto saved California employers from some truly awful legislation (such as AB 3080’s attempted ban on employment arbitration agreements), 2019 may well bring a new Legislature just as hostile to business, and a new Governor not known for the practical caution that sometimes has characterized Governor Brown.

Keeping up with Illinois Employment Law Changes

Synergy

With so many new federal, state, and city employment laws and additional bills in the pipeline, HR compliance can become a distraction from your business goals. In order to succeed, it’s necessary for every business in the state to analyze the most recent and upcoming Illinois employment law changes. This state law requires businesses to allow employees to use any available sick leave benefits they have during an illness of one of their family members.

5 new California laws for 2018 that could affect all HR pros soon

HR Morning

With the new year came new rules for California employers. Here are five new California laws that went into effect January 1st. “Ban the box” California has become the most recent state to prohibit employers from asking about criminal convictions on job applications, which used to be a simple “yes” or “no” question. If conviction history is used to deny an applicant, the employer must explain why they were disqualified.

Court voids key parts of EEOC’s wellness regs: Here’s what happens next

HR Morning

When a federal court asked the EEOC to reconsider its rules on wellness incentives under the ADA and GINA, it expected the agency to move swiftly with its response. The court just “vacated” – i.e., voided – the wellness rules that pertain to incentives and the ADA and GINA beginning on Jan. EEOC , centered around the legality of the EEOC’s recent wellness regs. Specifically, the case hinged around the notion of a “voluntary” wellness program.

Don’t Get Left Behind by New California Employment Laws

HR Daily Advisor

The California Legislature is constantly enacting new laws, many of which address relatively narrow issues. In some instances, however, there’s still a significant impact on employers, especially in industries that are being targeted by the legislation. Read on, because it remains critical that anyone who works with (or in spite of) California employment laws must keep himself or herself well informed. Applicants for Employment: Criminal History.

July 2018 HR Events For Your Diary Ireland & UK

Rezoomo

July 2018 HR Events. Stephen’s Green Dublin 2 /Wed 25 July 2018 ,10:00 – 13:00 IST . Join us on this webinar as we look at employer obligations when considering requests for work experience and internships. PENINSULA – Employment Law Seminar for Local Business Owners in Limerick. Limerick / 25 Jul 2018 – 8:45am to 11:30am Learn More >> __. HR Events Employement Law employers Events ireland uk

How the California Consumer Privacy Act Impacts Background Checks

Cisive

The California Consumer Privacy Act of 2018 (CCPA) goes into effect on January 1, 2020 and it will rank amongst the most stringent privacy laws in the U.S. The new law will provide California residents with more control over their digital information and provide significant penalties to covered companies who fail to comply. state privacy laws limit their definitions of “personal information” to certain identifiers that could be used to commit identity theft (e.g.,

Data 40

It’s time to VOTE for the “Worst Employer of 2018.”

The Employer Handbook

My friend Jon Hyman is an incredible employment law blogger over at Ohio Employer Law Blog. Over the course of the year, he has flagged some of the worst discrimination and harassment allegations against employers. Now, the list is long enough that he needs your help to vote it down to a “Worst Employer of 2018.” ” So, clutch your human resources pearls, click here to vote, and then say a little prayer that you work elsewhere. (If

And the award for Worst Employer of 2018 goes to …

HR Morning

And to properly honor those managers that really go the extra mile, employment law attorney Jon Hyman, author of Ohio Employer Law Blog , nominated the worst employers of 2018, and voters helped him crown a winner. The manager’s tirades included racial slurs toward African-American employees, calling foreign-born employees terrorists and sexually harassing female employees as well as insulting their intelligence.

Handling the tricky questions in FMLA intermittent leave

HR Morning

The FMLA allows employers some flexibility in granting different kinds of intermittent leave. The law also allows use of intermittent leave for child care after the birth or placement of an adopted child, but only if the employer agrees to it. In order to maximize workers’ using up their allotted FMLA leave, employers can sometimes classify an absence retroactively. Her employer doesn’t learn of the hospital stay until she returns to work.

Managing Paid Leave in 2018

Namely

The following has been adapted from a presentation given at HR Redefined 2018 by Jason Petsche , Judy Buczek , and Gene Lanzoni of Guardian Life Insurance. Unfortunately, many employees don’t qualify under the law or can’t afford to miss out on wages. But with more local laws and programs popping up, managing compliance has become trickier. At HR Redefined 2018 , the Guardian Life team shared how employers can make sense of it all.

Freelance and Contract Workers: Why Comprehensive Background Checks are Important

Cisive

As employers, we’re responsible for a safe workplace for our employees and customers, and that means doing our due diligence whether it’s for a full-time employee or a contractor. In the United Kingdom, France and the Netherlands, freelance growth has outpaced overall employment growth. Prior to 2018, Uber, which provides 15 million rides to users across the world every day, followed the traditional approach of running background checks on their drivers upon hire.

EEOC sees retaliation workload rise: How to stay off its radar

HR Morning

The increase in sexual harassment charges filed with the Equal Employment Opportunity Commission have made headlines this fall, but that’s not the only eye-opening statistic coming out of the agency. Those figures should be a wake up call for all employers to review what constitutes retaliation under the law and how well policies and training prepare your organization to respond when you’re hit with a claim.

HR’s 2018 year in review part one

cipHR

We look at the employment law rulings and legislatory changes that have been affecting UK HR teams over the past 12 months. Compliance requirements dominated the agendas for many UK organisations during the first six months of 2018. Employment tribunals and dispute over ‘worker’ status. Following the abolition of tribunal fees in 2017, there has been a surge in cases making their way through employment tribunals.

M&A Friday! This Week’s HR Deals

Advos

Wolters Kluwer Partners with Leading Labor and Employment Law Practitioners on Webinar on Sexual Harassment Guidance for Employers . Teaming Up for Financial Wellness: Questis Announces Strategic Alliance with MoneyAdvice@Work®. Pro Financial Health is Now a Network Partner for Core Health Technologies Combining Financial Education Services to Corporate Wellness Programs. Happy Friday.

New California Law Requires Sexual Harassment Training for all Employees

HR Daily Advisor

Effective January 1, 2019, employers in California with 5 or more employees (or independent contractors) must provide sexual harassment training to all employees (SB 1343). Employers must then provide the training every 2 years. Currently, state law requires employers with 50 or more employees to provide training to supervisory employees only. Under the new law, covered employers must: Provide supervisory employees with 2 hours of training every 2 years.

Bill Proposes Benefits for Gig Workers

HR Daily Advisor

A bill introduced in both houses of Congress would create a pilot program to provide employment benefits to gig workers. Department of Labor (DOL) $20 million to test portable benefits in fiscal year 2018. “[A] The nature of work is changing rapidly, but our policies largely remain tied to a 20th century model of traditional full-time employment,” Warner added. Still, employers can expect to see continued focus from Congress, as well as the U.S.

National Origin, Discrimination, and Employers—Oh, My!

HR Daily Advisor

Immigration and Customs Enforcement (ICE) agents or other law enforcement officials show up at your place of employment to arrest a noncitizen worker? Are your I-9 practices consistent with federal law? We can expect issues involving national origin to remain a daily subject of news coverage and to have an impact on many areas of our lives, including employment. Who Is Protected Under Federal and State Law? Also, there must be a basis for employer liability.

New Year, New Labor Laws to Know

HRWatchdog

Employers need to make sure to be aware of new labor laws that could affect them in the new year. As you draw up your list of New Year’s resolutions, resolve to take a few moments to familiarize yourself with the new employment laws that you’ll need to know in the coming year. CalChamber’s employment law counsel analyzed the significant bills that Governor Jerry Brown signed into law and prepared a white paper summarizing their effects on California employers.